LI Network
Published on: December 24, 2023 at 12:11 IST
The Kerala High Court recently affirmed the Kozhikode Municipal Corporation’s decisions to reject commercial building permits in areas designated as residential zones under the Detailed Town Planning (DTP) Scheme, 1987.
Justice Bechu Kurian Thomas, while upholding these orders, emphasized the importance of complying with zoning regulations for the planned development of towns.
Justice Thomas cautioned against unrestrained constructions that disregard zoning regulations, emphasizing that such actions could negatively impact the organized development of a town.
The Court underscored the significance of adhering to Detailed Town Planning Schemes and Master Plans for the future development and growth of an area.
The Court stated, “The micro-level plans for development are made in the DTP Schemes, while the Master Plans provide for schemes to a larger extent. If the private interest of an individual is given predominance over the public interest, the same would cause prejudice to the development of the State itself. It is taking into reckoning these aspects that the detailed town planning schemes and the Master Plans are prepared.”
Justice Thomas asserted that while updating DTP Schemes to accommodate changes in land use is necessary, courts cannot overlook or discard established DTP Schemes or Master Plans.
The Court highlighted the potential consequences of Court directions permitting constructions contrary to zoning regulations or the DTP Scheme, emphasizing the long-term impact on the development of an area.
The case involved a challenge to the rejection of building permits for commercial constructions in areas designated as residential zones under the DTP Scheme.
The petitioners argued that the DTP Scheme, created in 1987, had become obsolete and should not be relied upon. They contended that existing properties were classified as commercial or mixed zones in the Master Plan 2035 for Kozhikode City.
In response, the Court acknowledged significant changes post the enactment of the Kerala Town and Country Planning Act, 2016. It clarified that, as per Section 113 of the Act, even if a new Master Plan is in force, the earlier DTP Scheme remains protected and valid.
The court stressed the importance of zoning regulations, noting, “If the comfort of living in residential areas and the construction of commercial buildings in tune with the development schemes of the town need to be protected, zoning regulations have to be given due importance.”
Addressing concerns about the redundancy of the DTP Scheme, the court held that judgments mentioning its obsolescence could not be relied upon after the enactment of the 2016 Act. It asserted that permits could not be issued contrary to the DTP Scheme’s purpose and objectives, especially after the 2016 Act came into effect.
As a result, the writ petition challenging the permit rejections was dismissed by the Court.
Title: V.Unnikrishnan v Kozhikode Municipal Corporation & Connected Case
